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(영문) 서울동부지방법원 2017.04.14 2017고정294
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. No person who is aware of the divulgence of such personal information shall receive such information for profit or for any other wrongful purpose;

Nevertheless, around May 11, 2016, the Defendant illegally acquired “NV” companies located in Gwangjin-gu Seoul Special Metropolitan City by means of intrusioning upon D’s information and communications networks with a view to using it for publicity activities on the website of the said B companies, and purchased 20,000 won of personal information including DNA, password, assistant e-mail address, mobile phone number information through the Internet hosting program “NV” through the Internet hosting program. On the same day, the Defendant purchased 20,000 won of personal information including DNA, password, auxiliary e-mail address, cell phone number information, and cell phone number information.

Accordingly, the Defendant was provided with personal information leaked for profit.

2. Defendant B, who is an employee of the Defendant, was provided with personal information divulged for profit as above with respect to the Defendant’s business at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Contents of conversations with neons;

1. Application of the Acts and subordinate statutes concerning explanatory documents

1. Article 71(1)6 and Article 28-2(2) of the former Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016; hereinafter the same shall apply); Defendant B who is selected as a fine: Articles 75, 71(1)6, and 28-2(2) of the former Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc.; and Articles 71(1)6 and 28-2(2) of the former Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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